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Guardianship or Adoption

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#1 kpatton0105


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Posted 13 January 2013 - 01:37 AM

My daughter, due to addiction issues, had her son taken by CPS and placed in foster care. She has not been able, due to what was required by CPS, regain custody. I have asked CPS to give me direction on what I need to take guardianship of my grandson. CPS fails to respond to my questions and are pushing for Termination of Rights for my daughter. I thought there were "Grandparent Rights." Prior to CPS taking my grandson, the precious caseworker wanted me to take custody of him, but I was moving to Chicago for a job I had accepted. Well, I returned back to Nevada when I saw CPS was pushing for Termination of Rights. Should I file for Guardianship on my own? We have hired an attorney, and I have prepared all of the necessary Guardianship forms on my own. Will this over ride CPS, and will CPS be forced to give me custody of my gradson? I do not have any criminal record or reason for CPS to deny me of having custody. I want him out of foster care! i ru
Is adoption an option? Will adoption over rule CPS? The forster parents are pushing CPS to let them adopt my grandson.
I want to do as much as I can on my own (Guardianship filing or adoption petition) as my daughter's attorney is VERY expensive.

#2 Ted_from_Texas


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Posted 13 January 2013 - 04:58 AM

If CPS is not amenable to placing the child with you, you'll need to pursue the guardianship on your own. You say you've retained an attorney and that's the obvious first step. The only authority that can "override" CPS is family court, and that's where you and your attorney will have to present your case that placement with you instead of the foster family is in the child's best interest. If the court denies you the guardianship it would almost certainly deny you the adoption, so it seems reasonable to me to pursue the guardianship now and (assuming you're successful) the adoption later. Good luck!

#3 missingmyhubby


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Posted 03 May 2013 - 06:56 AM

where is the child's father in all this?

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